Shots Fired (Players Issue Statement to NCAA)

[LA_Mustang]

I'm proud of these guys. Part of what we want them to learn as students is how to deal with adversity. Handling problems in the right manner, at the right time, with the proper response. When was the last time we saw a response like this from a Team? I can't remember a time.

This. I don't care what you believe in or what you're fighting for as long as you express it the right way, which this letter does. It's a great life lesson for our guys.

[LA_Mustang]

I were the NCAA I would say if you don't like it then appeal it. If not the statement does not have legs to stand on. I wonder what lawyer put that together.

You're completely missing the point.

[Rebel10]

The pr blitz is only beginning

Why would we run a pr blitz when one of the main reason for not appealing was suppose to be to decrease the media attention on it so we could recruit?

[ponydawg]

You want the light shown on the right areas. Much better media story coming from the players POV than a "cheating no good dirty school".

[NY Pony]

The pr blitz is only beginning

Why would we run a pr blitz when one of the main reason for not appealing was suppose to be to decrease the media attention on it so we could recruit?

Legal question, could the players (the seniors primarily, Tolbert in particular) sue independently of SMU and get a judge to put an injunction in place? Not a lawyer so I could be waaaay off here, but couldnt an argument could be made that a number of them are suffering a penalty individually without the right to individual due process?

[newshound]

Tweet this. Facebook it. Send to Vitale and Dodd and Forde. This is terrific. Let's see if the NCAA will actually listen to the voice of the student-athlete.

[Rebel10]

The pr blitz is only beginning

Why would we run a pr blitz when one of the main reason for not appealing was suppose to be to decrease the media attention on it so we could recruit?

Legal question, could the players (the seniors primarily, Tolbert in particular) sue independently of SMU and get a judge to put an injunction in place? Not a lawyer so I could be waaaay off here, but couldnt an argument could be made that a number of them are suffering a penalty individually without the right to individual due process?

An injunction would possibly allow the team to play in the NCAA tournament this year. The next question would be does Tolbert nor whatever player have the money to afford a lawyer to start those procedure Would the NCAA question where the funds came from to file for an injunction against an NCAA ruling?

[SMU1523]

The pr blitz is only beginning

Why would we run a pr blitz when one of the main reason for not appealing was suppose to be to decrease the media attention on it so we could recruit?

I am going to go with the "have your cake and eat it too" plan of attack.

Option A (Appeal Post Season Ban)

Could possibly drag over multiple years. We lose out on recruiting, as well as players possibly transferring.

Option B (Appeal Scholarship Reductions and Vacated Wins)

The NCAA is much more likely to reduce these types of punishments and quickly.

Option B+ (Appeal Scholarship Reductions and Vacated Wins and go out on a PR mission to make the NCAA look bad)

We might not get the scholarship reductions overturned, but with a well executed PR plan to try and make the NCAA look like the lying bastards they are, we have a chance of getting rid of the post season ban all together in a fairly quick fashion.

[gostangs]

The Wilfong family could underwrite this.

I am very proud of these players. Very well stated.

This could turn into something pretty interesting. Does the NCAA want to risk losing the post season ban as a weapon in court? They may want to look into their penalty as excessive as a one student one time issue, vs a systemic issue like say....buying hookers for recruits for years. Plus the reference in the report about SMU's previous issues, although meant to be snarky by the writer of the report, could be the basis for obvious unfairness. There is not one administrator, student or anyone of any influence who was even associated with SMU for all of that and they bring it up 30 yrs later??? It screams unfairness and won't help the cause if this goes further.

[SMU1523]

Tweet this. Facebook it. Send to Vitale and Dodd and Forde. This is terrific. Let's see if the NCAA will actually listen to the voice of the student-athlete.

+1. This needs traction!!!!!

[ponywhupp9202]

I have not posted here for a while but I have been following the entire process very closely. This is the best thing I've seen since the punishment phase was announced. Very well played. I hope this actually has some legs and is not purely a PR move.

[Smulaw90]

The pr blitz is only beginning

Why would we run a pr blitz when one of the main reason for not appealing was suppose to be to decrease the media attention on it so we could recruit?

Legal question, could the players (the seniors primarily, Tolbert in particular) sue independently of SMU and get a judge to put an injunction in place? Not a lawyer so I could be waaaay off here, but couldnt an argument could be made that a number of them are suffering a penalty individually without the right to individual due process?

I''m outside my area of expertise so take this for what its worth, $350.00 worth of advice: In order to sue a person(s) has to have "standing." Not everything that hurts you gives you standing to sue. Generally, there has to be a relationship between the plaintiff and defendant that gives rise to standing, i.e. a contract, a car wreck, a defective product.

However, once I saw this letter my first thought was: Whether the players will seek to file their own lawsuit in federal court and stay the NCAA penalties? My initial thought on this is that the right to sue the NCAA belongs to the school, not to them individually. However, in the Ed O'Bannon case, he successfully argued and prevailed upon the Federal Court to rule that the NCAA's rules are not presumptively valid. The NCAA Rules are subject to Anti-Trust scruitney and the crucible of the Rule of Reason (which the Court adopted. In other words, that which you limit or punish must be reasonably tied to a reasonable and rational purpose and have a consequence that does not exceed its intended purpose.)

I'm interested to see if the players and attorney (if they've been so advised), intend to make the argument the rules and application of sanctions, as it penalizes them, are not presumptively valid. Hence their reason for leaving KF out of the scope of their letter.

Now this might get really interesting....

[gostangs]

Sounds like you may need to help them out on a pro bono basis.

I would get downright giddy if our players sued the NCAA. They would go down in history as the most beloved SMU team ever, win or lose.

[CalallenStang]

Sounds like you may need to help them out on a pro bono basis.

NCAA would likely see this as impermissible benefits

[RGV Pony]

Smu law clinic can help them file pro se